Town of Genesee, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Genesee as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-9-2015 by Ord. No. 15-1]
For purposes of this article, the following terms are defined as follows:
ADULT
A person who constitutes an "adult" as defined in § 938.02(1), Wis. Stats.
JUVENILE
A person who constitutes a "juvenile" as defined in § 938.02(10m), Wis. Stats.
All future amendments, revisions, renumbering or other modifications of the current or future state statutes referenced in this article are incorporated herein in order to secure uniform statewide regulation of peace and good order.
In addition to, and not to the exclusion or prejudice of, such other penalties and remedies as may apply, any adult person who shall violate any of the provisions of any Town ordinance shall, upon conviction of such violation, be subject to a penalty, which shall be as follows:
A. 
First offense. Any adult person who shall violate any provision of any Town ordinance shall, upon conviction thereof, forfeit not less than $5 nor more than $1,000, together with all costs, surcharges, penalty assessments, and any other taxable item of cost as provided for by the laws of the State of Wisconsin as applicable to forfeiture actions that are in effect at the time of the offense, and any other taxable costs as imposed by any other provision of Town ordinances, and in default of payment of the same any adult person shall be subject to the provisions of § 800.095, Wis. Stats.
B. 
Second and subsequent offenses. Any adult person who is found guilty of violating any ordinance or part of an ordinance who has previously been convicted of a violation of the same ordinance or part of an ordinance within three years from the date of the last offense to the date of the current offense shall, upon conviction thereof, forfeit not less than $10 nor more than $2,000 for each such offense, together with all costs, surcharges, penalty assessments, and any other taxable item of cost as provided for by the laws of the State of Wisconsin as applicable to forfeiture actions that are in effect at the time of the offense, and any other taxable costs as imposed by any other provision of Town ordinances, and in default of payment of the same any adult person shall be subject to the provisions of § 800.095, Wis. Stats.
A. 
If the court finds that a juvenile violated a Town ordinance, other than the truancy, school dropout, alcohol or drug offenses described in § 938.17(2)(e), (g), or (i), Wis. Stats., it shall enter an order making one or any combination of the dispositional orders permitted under § 938.343, Wis. Stats.
B. 
If the court finds that a juvenile violated an ordinance adopted in strict conformity with the truancy, school dropout, alcohol or drug offenses described in § 938.17(2)(e), (g), or (i), Wis. Stats., it shall order one or any combination of the penalties specified directly or by reference in such state statute.
C. 
If the court finds that a juvenile violated a condition of his or her dispositional order, the court may impose any of the sanctions specified directly or by reference in § 938.17(2)(h), Wis. Stats.
Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this Code shall preclude the Town from maintaining any appropriate action to prevent or remove a violation of any provision of this Code.
A. 
The Town shall have any and all remedies afforded by the Wisconsin Statutes in addition to the forfeitures and costs of prosecution above.
B. 
Execution or assessment against defendant's property. Whenever any person fails to pay a forfeiture and costs of prosecution upon the order of any court for violation of any ordinance of the Town, the court may, in lieu of ordering imprisonment of the defendant, or after the defendant has been released from custody, issue an execution against the property of the defendant for said forfeiture and costs to the extent allowed by law. In the alternative, upon authorization of the court imposing any such forfeiture and costs, such sum as remains unpaid shall be added to the Town's portion of the property tax liability.
C. 
In addition to any forfeiture imposed under this article or any other penalty section of the Code of Ordinances of the Town of Genesee, the Town may institute an action or proceeding to enjoin any violation, and such violation or any nonpayment of any forfeiture and costs shall constitute the basis for revocation or denial of any and all licenses and permits wherein the Town is the issuing authority.
[Adopted 2-9-2015 by Ord. No. 15-1]
Pursuant to § 66.0103, Wis. Stats., the ordinances of the Town of Genesee of a general and permanent nature adopted by the Town Board of the Town of Genesee, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 547, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Genesee," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.
The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances.
A copy of the Code has been filed in the office of the Town Clerk and shall remain there for use and examination by the public for at least two weeks, in accordance with § 66.0103, Wis. Stats., and until final action is taken on this ordinance, and, if this ordinance shall be adopted, such copy shall be certified to by the Town Clerk, and such certified copy shall remain on file in the office of said Town Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect.
Any and all additions, deletions, amendments or supplements to the Code, when adopted in such form as to indicate the intention of the Town Board to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Town of Genesee" shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be adopted, they shall thereafter be inserted in the Code as amendments and supplements thereto.
The Clerk of the Town of Genesee, pursuant to law, shall cause to be published, in the manner required by law, a notice of the adoption of this ordinance. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The publication of notice of the enactment of this ordinance, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
It shall be the duty of the Town Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of the Code required to be filed in the Clerk's office for use by the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are included as supplements to said Code.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk or an authorized agent of the Clerk upon the payment of a fee to be set by the Town Board. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Town of Genesee to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a penalty as provided in Chapter 1, Article I, of the Code.
Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. If any provision of this Code or the application thereof to any person or circumstances is held invalid, the remainder of this Code and the application of such provision to other persons or circumstances shall not be affected thereby.
Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
All ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Genesee which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect. In addition, the following ordinances are specifically repealed:
A. 
"An Ordinance To Create an Architectural Control Review Board in the Town of Genesee" adopted July 11, 1977.
B. 
"An Ordinance To Prohibit the Construction of Prefabricated Homes in the Town of Genesee, Waukesha County, Wisconsin" adopted September 12, 1977, and amended November 15, 1977.
C. 
"An Ordinance Creating a Board of Appeals for the Town of Genesee, Waukesha County, WI" adopted September 14, 1981."
D. 
"Ordinance Establishing Jurisdiction and Duties of Town Constable" adopted January 14, 1985.
The adoption of this Code and the repeal of ordinances provided for in § 1-18 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. 
Any ordinance adopted subsequent to September 8, 2014.
B. 
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
C. 
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.
D. 
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision.
E. 
Any franchise, license, right, easement or privilege heretofore granted or conferred.
F. 
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.
G. 
Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the Town's indebtedness.
H. 
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
I. 
The levy or imposition of taxes, assessments or charges.
J. 
The annexation or dedication of property or approval of preliminary or final subdivision plats.
K. 
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
L. 
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
M. 
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
N. 
Any ordinances adopting or amending a zoning map or otherwise rezoning property.
O. 
Any charter ordinances.
P. 
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Town.
Q. 
Any ordinance or portion of an ordinance establishing or amending a deposit or bond schedule.
A. 
In compiling and preparing the ordinances for publication as the Code of the Town of Genesee, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection C hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
B. 
The adoption of the Code includes the adoption of the following new ordinances: Chapter 1, General Provisions, Article I, General Penalty; Chapter 162, Records; Chapter 166, Review, Board of; and Chapter 293, Drug Paraphernalia.
C. 
The amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-20C, the chapters, parts and sections that were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: [Amended (added, deleted) 2-9-2015 by Ord. No. 15-1]. Schedule A, which contains a complete description of all changes, is on file in the Town offices.
This ordinance shall take effect upon passage and publication as required by law.